Chicago Divorce Attorneys Focused on Protecting Women’s & Mothers’ Rights

Chicago Divorce Lawyers Dedicated To Serving Women and Mothers.

While you may have a friend or family member who has gone through a divorce in recent years, it is often difficult to understand the nuances of divorce law without an experienced advocate on your side to help you through this process. In particular, given that divorce law in Illinois recently went through a major overhaul, it is always important to discuss your situation with a dedicated Chicago divorce attorney who has experience advocating for the rights of women and mothers.

What is Illinois Divorce Law?

For women and mothers in the Chicago area, it is important to understand how the law in our state defines divorce. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs divorce, proceedings, including issues such as property division and spousal maintenance. In Illinois, divorce is known legally as the “dissolution of marriage.” When there is a dissolution of marriage, an Illinois court can divide the marital property of a couple, and it can also make the decision to award spousal support if it is considered appropriate.

Elimination of Grounds for Divorce

Up until recently, the law stipulated a number of “grounds for divorce.” Indeed, under Illinois divorce law, there were a number of grounds for divorce, including but not limited to:

• Impotence;
• Bigamy;
• Adultery;
• Abandonment;
• Alcohol or drug addiction;
• Physical or mental cruelty; and
• Felony conviction.

Grounds for divorce allowed for a fault-based divorce in Illinois. When these grounds for divorce were still on the books as good law, couples in the Chicago area seeking a divorce still had the option to cite “irreconcilable differences” as a no-fault reason for divorce. However, as an article in the Northwest Herald intimated, faulted-based divorce is a somewhat antiquated notion. As such, changes to the law resulted in the elimination of grounds for divorce and fault-based divorce.

With the elimination of grounds for divorce, couples seeking to file for divorce only can cite irreconcilable differences, resulting in a no-fault divorce. Part IV of the Illinois Marriage and Dissolution of Marriage Act defines irreconcilable differences as those that “have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

It is important to mention that eliminating grounds for divorce has no bearing on spousal maintenance. However, the duration of spousal maintenance is related to the time between the date of marriage and the date of filing for divorce under current Illinois law.

Residency Requirements for No-Fault Divorce

With changes to the divorce law in Illinois, you might be wondering if the residency requirements are the same. To be eligible for divorce, the following must be true:

• One of the spouses was an Illinois resident for a 90-day consecutive period prior to filing for divorce; or
• One of the spouses was stationed in Illinois as a member of the armed services for 90 days prior to filing for divorce.

The amount of time required for living separate and apart has changed, however. Whereas couples would need to live separate and apart for two years before filing for divorce under the old law, now they must live separate and apart for only six months.

Contact a Chicago Divorce Lawyer

At the Women’s Divorce & Family Law Group, our experienced Chicago divorce lawyers are committed to protecting women’s and mother’s rights throughout the Chicago area, and we can answer your questions today. Contact us to learn more about filing for divorce and seeking spousal maintenance.